General Terms and Conditions of Heid Real Estate Valuation

1. General information

  1. These General Terms and Conditions apply to all legal relationships between Heid Im­mo­bi­li­en­be­wer­tung & Im­mo­bi­li­en­gut­ach­ter as well as Sach­ver­stän­di­gen GmbH, Ziegelstr. 25, 69190 Walldorf (hereinafter referred to as “Heid Im­mo­bi­li­en­be­wer­tung” or “we”) and its customers. Unless the customer is a consumer, they shall also apply in their respective version as a framework agreement for future contracts with the same customer, without Heid Im­mo­bi­li­en­be­wer­tung having to refer to them again in individual cases; in this case, Heid Im­mo­bi­li­en­be­wer­tung shall inform the customer immediately of any changes to these General Terms and Conditions.
  2. Agents and representatives of Heid Im­mo­bi­li­en­be­wer­tung are not authorized to make verbal side agreements. If they nevertheless make verbal additional agreements or give assurances that go beyond the written contract, these always require our written confirmation to be valid.
  3. The place of performance and jurisdiction for deliveries and payments, as well as for all disputes arising between the parties from the contracts concluded between them, shall be the registered office of Heid Im­mo­bi­li­en­be­wer­tung in Walldorf, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if their place of residence or habitual abode is unknown at the time the action is brought. Heid Im­mo­bi­li­en­be­wer­tung is also entitled to sue the customer at their place of business.
  4. The contract language is German.
  5. Customers who are consumers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the ODR platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from contracts concluded online: https://ec.europa.eu/consumers/odr.

2. Conclusion of a contract

  1. The presentation of products and services on the website https://www.heid-im­mo­bi­li­en­be­wer­tung.de or in our flyers does not constitute a legally binding contractual offer on our part, but is only a non-binding invitation to the customer to order services (invitatio ad offerendum).
  2. Customers can contact us regarding the services we offer by telephone, fax, letter, email, or using the contact form on our website www.heid-im­mo­bi­li­en­be­wer­tung.de. Unless otherwise agreed, we are bound by any written offer we make to a customer for a period of two weeks after the offer is submitted. In individual cases, a longer binding period may also be agreed. A contract is only concluded when the customer accepts our offer within the specified period. The customer will receive confirmation of receipt of the order by email. With this notification of the conclusion of the contract, the customer will receive the text of the contract, these General Terms and Conditions, as well as the cancellation policy and data protection information.
  3. The contract text will be stored by us after conclusion of the contract, but will not be publicly accessible.

3. Expiration of the right of withdrawal

Customers who are consumers have a right of withdrawal. The right of withdrawal expires in accordance with Section 356 (5) of the German Civil Code (BGB) if a customer has expressly agreed that Heid Im­mo­bi­li­en­be­wer­tung should begin executing the contract before the expiry of the withdrawal period and has confirmed their awareness that, by giving their consent to the commencement of the execution of the contract, they lose their right of withdrawal.

4. Prices, payment, due date

  1. Heid Im­mo­bi­li­en­be­wer­tung is entitled to payment of a fee. The contractually agreed prices apply. These are determined before the contract is concluded and communicated to the customer, either as fixed prices or billing at fixed hourly rates. The hourly rates are based on the current price list (hours started (time units) are rounded up in 15-minute increments). Heid Im­mo­bi­li­en­be­wer­tung always issues the customer with an invoice, which is handed over to them or sent to them in text form.
  2. The services commissioned from Heid Im­mo­bi­li­en­be­wer­tung shall be provided after advance payment and, at the customer’s discretion, by bank transfer or PayPal. Invoices are due immediately and must be paid within 8 days. In the case of transfers from abroad, the customer shall always bear the bank charges incurred.
  3. Unless otherwise agreed individually, the customer shall reimburse Heid Im­mo­bi­li­en­be­wer­tung for any necessary and actual expenses incurred, upon presentation of receipts. This also includes the travel expenses incurred by Heid Im­mo­bi­li­en­be­wer­tung in order to provide the contractually agreed service. These will be charged as follows: Travel expenses based on 0.30 EURO per kilometer driven, 1st class train tickets, flight costs (business class) to the nearest destination, rental car in the mid-price category.
  4. If a customer who is an entrepreneur defaults on payment, Heid Im­mo­bi­li­en­be­wer­tung is entitled to default interest at a rate of 9 percentage points above the base rate. The customer is also obliged, in accordance with Section 288 (5) of the German Civil Code (BGB), to reimburse us for reminder fees in the amount of a flat rate of EUR 40.00; these will be offset against any costs of legal action. We reserve the right to claim further damages for default. In the event of default, Heid Im­mo­bi­li­en­be­wer­tung is not obliged to provide further advance services.
  5. If a customer who is a consumer defaults on their payment obligations, Heid Im­mo­bi­li­en­be­wer­tung may claim damages in accordance with the statutory provisions.
  6. If, after conclusion of the contract, it becomes apparent that our claim to remuneration is jeopardized by the customer’s inability to pay, we shall be entitled to refuse performance in accordance with the statutory provisions and, if necessary, to withdraw from the contract after setting a deadline.
  7. The customer shall only be entitled to set-off or retention rights to the extent that his claim has been legally established, is undisputed, or has been recognized by Heid Im­mo­bi­li­en­be­wer­tung.

5. Obligations of Heid Real Estate Appraisal

  1. The assignment will be carried out independently, impartially, conscientiously, without instruction, and personally in accordance with the principles applicable to publicly appointed and sworn or personally certified experts. Heid Im­mo­bi­li­en­be­wer­tung is entitled to use vicarious agents or third parties to carry out the assignments; Heid Im­mo­bi­li­en­be­wer­tung remains the contractual partner of the customer in all cases.
  2. After completion of the assignment and payment of the agreed remuneration, the documents provided by the customer for the purpose of carrying out the expert opinion assignment will be returned. However, we are entitled to make copies of these documents for our records.
  3. Upon request, Heid Im­mo­bi­li­en­be­wer­tung will provide the customer with information at any time about the status of the work, the expenses incurred or expected, and the anticipated completion date.

6. Execution of the order/appointment scheduling/cancellation

  1. Heid Im­mo­bi­li­en­be­wer­tung shall perform the assignment with the diligence of a prudent expert, taking into account the current state of science, technology, and experience. Within the scope of the service agreement concluded with the customer, the actual basis for its professional assessment shall be carefully determined and the results shall be justified in a comprehensible manner.
  2. If the involvement of additional experts or specialists is necessary for the proper execution of the order, Heid Im­mo­bi­li­en­be­wer­tung must obtain the prior consent of the customer.
  3. Furthermore, Heid Im­mo­bi­li­en­be­wer­tung is entitled to carry out an on-site inspection for the purpose of processing the order and to make the necessary and customary fact-finding inquiries in public registers and with the competent authorities at the customer’s expense. The coordination and organization of the site visit with the tenants or other authorized users is generally the responsibility of the customer. If the costs incurred for obtaining documents are foreseeably dis­pro­por­tio­na­te to the purpose and value of the agreed service, the expert must obtain the prior consent of the customer.
  4. In accordance with Section 10, Clause 10.3 of the Guidelines for the DIHK Model Expert Regulations (MSVO), assistants may also be employed by the expert beyond preparatory work. The nature and scope of the assistants‘ involvement shall be specified in the expert opinion, if applicable.
  5. Information about the contents of public registers and information from other public authorities (e.g. regarding tax status) may also be obtained by Heid Im­mo­bi­li­en­be­wer­tung by telephone, unless it is provided by the customer in the form of written extracts.
  6. The parties shall agree on a date for the site visit. If the customer is unable to attend on this date, they must cancel by email at least 24 hours in advance. In the event of a later cancellation, Heid Im­mo­bi­li­en­be­wer­tung shall be entitled to compensation of €400. The customer expressly reserves the right to prove that Heid Im­mo­bi­li­en­be­wer­tung has not incurred any damage or has incurred significantly less damage.
  7. Force majeure and events that temporarily prevent us from performing the service on the agreed date or within the agreed period through no fault of our own (e.g., strikes, lockouts, operational disruptions, weather conditions or traffic disruptions, delayed delivery to us, war, or official orders) that prevent us from providing the service on the agreed date or within the agreed period without fault on our part entitle us to postpone the service for the duration of the hindrance plus a reasonable start-up period. If such disruptions lead to a postponement of performance of more than three months, the customer may withdraw from the contract. Other rights of withdrawal remain unaffected.

7. Obligations to cooperate / Appointment scheduling

  1. The customer undertakes to provide us with the information and documents necessary for the provision of services, in particular any unregistered encumbrances and rights (e.g., preferential rights) known to them, monument protection, housing and rent restrictions, overbuildings, contribution and tax obligations, and soil contamination (e.g., contaminated sites or suspected contaminated sites), as well as compensation amounts based on the German Building Code (BauGB), Federal Soil Protection Act, or local statutes that are public encumbrances on the property. The customer shall provide Heid Im­mo­bi­li­en­be­wer­tung with the underlying documents, contracts, etc.
  2. Heid Im­mo­bi­li­en­be­wer­tung assumes the following when valuing real estate, unless something else is clearly apparent during the inspection – that the aforementioned special features of the property that have not been disclosed do not exist and that the existing structures have been approved and erected or are being used in accordance with the plans submitted, and that the valuation is to assume the legality of the existing structures and other facilities as well as their uses. Furthermore, unless otherwise specified by the customer, it is assumed that the property being valued is not a building constructed or extended with public funding.
  3. Construction defects and damage not reported by the customer and not obvious shall not be taken into account in the valuation. No further investigations or inquiries shall be made with regard to the circumstances described above.
  4. The customer undertakes not to use the services provided by Heid Im­mo­bi­li­en­be­wer­tung to access or disseminate content or to engage in illegal activities. The customer must avoid giving any impression in legal and business transactions that content for which they are responsible is attributable to Heid Im­mo­bi­li­en­be­wer­tung.
  5. If the customer fails to perform the required acts of cooperation or does not do so in a timely manner, Heid Im­mo­bi­li­en­be­wer­tung will notify them of this by email. If the customer still fails to cooperate or does not do so in a timely manner, Heid Im­mo­bi­li­en­be­wer­tung shall not be responsible for the non-performance or restriction of the services it owes, unless the customer’s failure to cooperate was not the cause of the non-performance/restriction.
  6. If the customer fails to provide the cooperation required of them or fails to do so in a timely manner, and if this results in additional costs for Heid Im­mo­bi­li­en­be­wer­tung in performing the contractually agreed services, Heid Im­mo­bi­li­en­be­wer­tung shall notify the customer of this in writing and invoice them for the additional costs.

8. Counter-rights

The customer shall only be entitled to set-off or retention rights to the extent that his claim has been legally established, is undisputed, or has been recognized by Heid Im­mo­bi­li­en­be­wer­tung.

9. Confidentiality

  1. Both contracting parties undertake to maintain strict confidentiality regarding the business transactions that become known to them in the course of their cooperation, even after the cooperation has ended. Heid Im­mo­bi­li­en­be­wer­tung shall impose a corresponding obligation on its employees and subcontractors.
  2. The disclosure of customer data, advertising data, or creative content is the sole responsibility of Heid Im­mo­bi­li­en­be­wer­tung.
  3. Unless express consent has been given, the customer is not permitted to cite Heid Im­mo­bi­li­en­be­wer­tung as a reference.

10. Liability of Heid Real Estate Appraisal

  1. Outside of liability for material defects and defects of title, Heid Im­mo­bi­li­en­be­wer­tung shall be liable without limitation if the cause of the damage is based on intent or gross negligence. Heid Im­mo­bi­li­en­be­wer­tung is also liable for the slightly negligent breach of essential obligations (obligations whose breach jeopardizes the achievement of the purpose of the contract) and for the breach of cardinal obligations (obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies), but only for foreseeable damage typical for this type of contract. Heid Im­mo­bi­li­en­be­wer­tung is not liable for the slightly negligent breach of obligations other than those mentioned above, in particular for indirect damage. The limitations of liability in this paragraph do not apply in the event of injury to life, limb, or health. If the liability of Heid Im­mo­bi­li­en­be­wer­tung is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.
  2. All claims for damages in commercial legal transactions against Heid Im­mo­bi­li­en­be­wer­tung, regardless of their legal basis, shall become time-barred at the latest one year after Heid Im­mo­bi­li­en­be­wer­tung has rendered its services to the customer, in the case of tortious liability from the time of knowledge or grossly negligent ignorance of the circumstances giving rise to the claim and the person liable for compensation. The provisions of this paragraph do not apply – and the statutory provisions apply – in the case of liability for intent and in the cases mentioned above. Any shorter statutory limitation periods take precedence.
  3. If the customer is a consumer, the statutory provisions shall apply to the limitation period for claims by the customer against Heid Im­mo­bi­li­en­be­wer­tung.

11. Data protection

Heid Im­mo­bi­li­en­be­wer­tung collects and processes personal data in accordance with the privacy policy and the applicable legal provisions.

12. Changes to the Terms and Conditions

Heid Im­mo­bi­li­en­be­wer­tung reserves the right to change these terms and conditions at any time without giving reasons. The amended terms and conditions will be sent to the customer by email at least two weeks before they come into effect. If a customer does not object to the validity of the new terms and conditions within two weeks of receiving the email, the amended terms and conditions shall be deemed accepted. Heid Immobilien will specifically inform the customer of the significance of this deadline in the email containing the amended terms and conditions.

Status: November 2024